Brede v. Minnesota Crushed Stone Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county to restrain defendant from so drilling, blasting and crushing stone on its premises as to cause plaintiffs injuries, discomforts and interference with the reasonable enjoyment of their respective homes, and to cause an impairment of the value of their respective properties.
Read the full summary
Action in the district court for Hennepin county to restrain defendant from so drilling, blasting and crushing stone on its premises as to cause plaintiffs injuries, discomforts and interference with the reasonable enjoyment of their respective homes, and to cause an impairment of the value of their respective properties. The ease was tried before Fish, J., who when plaintiffs rested denied defendant’s motion to dismiss the action, made findings that no injunction ought to be granted and dismissed the action. From an order denying their motion for a new trial, plaintiffs appealed.
1Opinion of the Court
Lees, C.
Alleging that defendant was operating a quarry in such a manner as *376to create a private nuisance as to them, plaintiffs brought this action to enjoin the alleged nuisance. There was a trial without a jury, findings in favor of defendant, a motion for a new trial which was denied, and the case comes here on appeal from the order denying the motion.
In substance these were the facts as found by the trial court:
In 1904 defendant acquired the right to quarry and crush limestone underlying 40 acres of land in Lowry’s East Side Addition to Minneapolis. Johnson street was its west boundary.…
2Cases cited18 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Robb v. Carnegie Bros., Pennsylvania Court of Common Pleas, Westmoreland County1891
- Helms v. Eastern Kansas Oil Co.Supreme Court of Kansas · 1917
13 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State Ex Rel. v. HoughtonSupreme Court of Minnesota · 1925
- Hindman v. Texas Lime CompanyTexas Supreme Court · 1957
- State ex rel. Twin City Building & Investment Co. v. HoughtonSupreme Court of Minnesota · 1919
- State ex rel. Beery v. HoughtonSupreme Court of Minnesota · 1925
- Baldwin v. McClendonSupreme Court of Alabama · 1974
36 more not listed; retrieve them via the Exa API.